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Reso 1094-10/1999RESOLUTION NO. 1094 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ORDERING THE ANNEXATION OF CERTAIN PROPERTY DESIGNATED "TOM ANNEXATION" INTO SEWER IMPROVEMENT DISTRICTS 5, 6 & "A" FOR SEWER SERVICE ONLY (APN: 226-290-25) WHEREAS, a petition for the annexation to the Vallecitos Water was filed with the Executive Officer of the Local Agency Formation Commission of the County of San Diego; and, WHEREAS, the Executive Officer of the Local Agency Formation Commission has examined the petition and determined that it is signed by the requisite number of signers, and has attached her certificate to the petition showing the results of her examination, as provided in Government Code Section 56150 through 56162, inclusive; and, WHEREAS, the land described in said petition is the land hereinafter described in Exhibit "A" attached hereto, and the owners of the land have given their written consent to said annexation; and, WHEREAS, the owners of the land described in this Resolution have advanced to the Vallecitos Water District the costs of this annexation, including, but not limited to, advertising, engineering and attorney's fees; and, WHEREAS, the inclusion of said land will be for the best interest of the District; and, WHEREAS, the inclusion of the land will be for the best interest of the land, and the owners thereof consent to the inclusion of said land in the District; and, WHEREAS, the Board of Directors determines that all of the land described in said petition and hereinafter described shall be included in the District; that the proceedings had for the annexation and inclusion herein and above referred to were genuine and sufficient and in all respects complied with the District Reorganization Act of 1965, beginning with section 56000 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT, as follows: Section 1. The Board of Directors of the Vallecitos Water District does hereby order the annexation of all the land described in the petition above referred to; Exhibit "A", attached hereto and incorporated herein, is the legal description of the land included within the Vallecitos Water District pursuant to this Resolution and the proceedings above referred to, which said description is sufficient to identify this land. Resolution No. 1094 Page 2 Section 2. The conditions of said annexation are as follows: Section 2.1: The annexation is for sewer (only) service. Section 2.2: Annexation of the territory into the existing Improvement Districts No. 5, 6 and "A" of the Vallecitos Water District. Section 2.3: Payment by the petitioners of the sum $600.00 to cover cost of annexation, which include attorney's fees, publication, filing fees, miscellaneous costs of annexation and State Board of Equalization charges. Section 2.4: Payment by petitioners of the sum of $2,653.47 per acre or fractions thereof for annexation into Improvement Districts No. 5, 6 and "A" (together, not individually) for the use or right of use of the existing property in the Improvement Districts. Section 2.5: Payment by the petitioners of all Local Agency Formation Commission (LAFCO) fees. Section 3. This resolution shall become effective immediately upon its final passage. Section 3.1 This resolution is adopted pursuant to Section 56322 of the Government Code of the State of California and pursuant to Resolution No. DA99-20 of the Local Agency Formation Commission Adopted September 13, 1999. Section 3.2 This resolution is adopted without notice or hearing and without an election being conducted in said territory all in accordance with Section 56322 of the Government Code of the State of California, and the resolution of the Local Agency Formation Commission as aforesaid. Section 4: The Local Agency Formation Commission shall comply with the provision of the Government Code Section 56450 through Section 56457, and shall file with the Secretary of the State and with the County Recorder of San Diego County, certified copies of this resolution and certificates stating that this resolution is effective. The Secretary of the Local Agency Formation Commission shall further comply with the provisions of the Government Code Section 54900, et seq., by filing with the State Board of Equalization and with the County Assessor of San Diego County statements of change of boundary together with a map or plat of the area to be assessed. Resolution No. 1094 Page 3 PASSED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 20`h day of October, 1999 by the following roll call vote: AYES: CRUZ, DAVY, FERGUSON, MASON NOES: ABSTAIN: ABSENT: / i. Dale Mason, President Board of Directors Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District DA99-20 TOM ANNEXATION TO VALLECITOS WATER DISTRICT ALL THAT PORTION OF LOT 2 IN BLOCK 12 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES; COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 2; 1. THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, SOUTH 55 ° 00' 00" EAST, 382.00 FEET TO THE NORTHEASTERLY PROLONGATION OF THE MOST NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO KENT B. OSBORNE, ET UX, RECORDED APRIL 9, 1969 AS FILE NO. 60579 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, ALSO BEING THE EASTERLY CORNER OF LOT 11 OF COUNTY OF SAN DIEGO TRACT NO. 4297, ACCORDING TO MAP THEREOF NO. 11946, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1987; 2. THENCE ALONG SAID PROLONGATION, SOUTH 35° 15' 00" WEST, 326.35 FEET TO A CORNER IN THE BOUNDARY OF SAID OSBORNE'S LAND, ALSO BEING THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO LUWAINE V. BRENNAN, A WIDOW, RECORDED AUGUST 29, 1969 AS FILE NO. 159172 OF OFFICIAL RECORDS OF SAID COUNTY; 3. THENCE ALONG THE BOUNDARY OF SAID BRENNAN'S LAND, SOUTH 54° 59' 58" EAST, 401.84 FEET TO AN ANGLE POINT THEREIN; 4. THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 49° 06' 50" WEST, 271.65 FEET; 5. THENCE NORTH 54° 50' 00" WEST, 328.00 FEET ALONG SAID BOUNDARY TO THE MOST WESTERLY CORNER OF SAID BRENNAN'S LAND AND TO THE TRUE POINT OF BEGINNING; 6. THENCE ALONG THE NORTHWESTERLY LINE OF SAID BRENNAN'S LAND, NORTH 35° 15' 00" EAST, 131.41 FEET; 7. THENCE SOUTH 54° 59' 58" EAST, 179.33 FEET; 8. THENCE SOUTH 32° 57' 54" WEST, 131.95 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID BRENNAN'S LAND, SAID POINT BEING SOUTH 54° 50' 00" EAST 180.00 FEET FROM THE TRUE POINT OF BEGINNING; 9. THENCE NORTH 54° 50' 00" WEST, 180.00 FEET ALONG SAID SOUTHWESTERLY LINE TO THE TRUE POINT OF BEGINNING. Approved by the Local Agency Formation Commission of San Diego SEP 131999 ,/ff/4 i EXEiIBIT A PAGE 1 OF 1 sCALE• 1=100 TRA PAGE: 3.075(0) TRA: 7'l007 DRAWN BY: Aka MAP 806—RANCHO LOS VALLECITOS DE SAN MARCOS MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE TOM ANNEXATION TO VALLECITOS WATER DISTRICT LAFCO: PA99-20 AR -0• S'/ AC PG. NO: 21-38 B/L:226-290-25